AGBITI
V.
THE NIGERIAN NAVY

(2011) JELR 46191 (SC)    

Supreme Court  ·  SC.275/2008 ·  4 Feb 2011 ·  Nigeria
 · 
Other Citations
Agbiti v. Nigerian Navy (2011) 4 NWLR 175
CORAM
MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
Core Terms Beta
appellant
court
nwlr pt
appeal
fair hearing
lower court
grounds of appeal
armed forces act
senior counsel
court martial
general court martial
composition of the tribunal
naval headquarters abuja
objection of the appellant
rear admiral f.e. agbiti nn
entire proceedings of the general court martial
general court
nigerian navy
participation of the president
a20 laws of nigeria
a-g oyo state v
armed forces act cap
background facts of this case
chief of naval staff order
clerk of the court
confirmation of the appellant
constitution of the court martial
criminal code act cap c
decision of the court
decision of the court martial
former officer
hand raise
hearing of the appeal
issue of the competence of the grounds
judgment of the court of appeal
jurisdiction of the tribunal
leading judgment
leave of the court of appeal
legal justification
mentioned issues
officers of the nigerian navy
president of the court martial
questions of the breach of the appellant
rear admiral a.o. oni nn
rear admiral francis echie agbiti
rear admiral s.b. kolawole nn
records of appeal
rules of this court
submission of the learned counsel

OLUFUNLOLA OYELOLA ADEKEYE, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division delivered on the 11th of December, 2001. The background facts of this case are that Rear Admiral Francis Echie Agbiti, a former officer in the Nigerian Navy now appellant before this court was tried by a General court Martial, hereafter to be referred to as the "Tribunal", with two other officers of the Nigerian Navy, Rear Admiral S.B. Kolawole NN/02/2 and Rear Admiral A.I. Bob-Manuel NN/0276, for the under mentioned offences: -

COUNT I

Statement of Offence

Conspiracy to commit felony contrary to section 114, subsection 1 of the Armed Forces Act (AFA) cap. A20 Laws of Nigeria 2004 and punishable under Section 516 of the Criminal Code Act Cap C 41 Laws of the Federation of Nigeria 2004.

Particulars of Offence

That you, Rear Admiral F.E. Agbiti NN/0237 between February and August 2004 conspired with Rear Admirals Bob-Manuel NN/0276 and S.B…

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